PC RES 2023-017 P.C. RESOLUTION NO. 2023-17
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF RANCHO PALOS VERDES APPROVING, WITH CONDITIONS,
A HEIGHT VARIATION PERMIT AND SITE PLAN REVIEW FOR
THE CONSTRUCTION OF A 942 FT2 ADDITION CONSISTING OF
A 216 FT2 FIRST-FLOOR ADDITION AND A 726 FT2 SECOND-
FLOOR ADDITION TO AN EXISTING 3,608 FT2 (GARAGE
INCLUDED) TWO-STORY RESIDENCE FOR A NEW TOTAL
STUCTURE SIZE OF 4,550 FT2 WITH ANCILLARY IMROVEMENTS
AT 30944 RUE DE LA PIERRE (CASE NO. PLHV2022-0016).
WHEREAS, on June 7, 2023, property owner/applicant Jinbo Chen submitted
Height Variation Permit and Site Plan Review applications, requesting to the construct a
942 ft2 addition consisting of a 216 ft2 first-floor addition and a 726 ft2 second-floor addition
to an existing 3,608 ft2 (garage included) two-story residence for a new total structure size
of 4,550 ft2 measuring 20.79 feet in height with ancillary improvements, located at 30944
Rue De La Pierre, in the City of Rancho Palos Verdes; and
WHEREAS, on July 17, 2023, Staff completed an initial review of the application, at
which time the application was deemed incomplete due to missing information on the
project plans; and
WHEREAS, On 'September 21, 2023, the applications were deemed complete for
processing after the initial submittal on several occasions; and
WHEREAS, due to a project update, on October 19, 2023, the applications were
deemed complete again for processing; and
WHEREAS, on October 19, 2023, a public notice was published in the Palos
Verdes Peninsula News and mailed to all property owners within a 500-foot radius from
the project site, providing a 30-day time-period to submit comments; and
WHEREAS, pursuant to the provisions of the California Environmental Quality Act,
Public Resources Sections 21000 et. seq. ("CEQA"), the State's CEQA Guidelines,
California Code of Regulations, Title 14, Section 15000 et seq., the City's Local CEQA
Guidelines, the proposed project has been found to be categorically exempt under Section
15301 (Existing Facilities) of the California Guidelines for Implementation of CEQA.
Specifically, the project includes an addition to an existing structure that is less than
10,000 ft2; is located where existing public services and facilities are available; and is not
in an environmentally sensitive area; and
WHEREAS, the PlanningCommission held apublic hearingon November 28,
2023, at which time all interested parties were given an opportunity to be heard and
present evidence.
P.C. Resolution No. 2023-17
Page 1 of 9
NOW, THEREFORE, THE PLANNING COMMISSION DOES HEREBY FIND,
DETERMINE, AND RESOLVE AS FOLLOWS:
Section 1: The proposed project involves the construction of a 942 ft2 addition
consisting of a 216 ft2 first-floor addition and a 726 ft2 second-floor addition to an existing
3,608 ft2 two-story residence for a new total structure size of 4,550 ft2 measuring 20.79
feet in height with ancillary improvements, located at 30944 Rue De La Pierre, including
the expansion of an existing balcony along the front façade of the residence up to 127 ft2
and the construction of a new 205 ft2 and a new 101 ft2 balcony along the rear façade of
the residence.
Section 2: The Planning Commission finds that the Height Variation Permit for
the construction of a 216 ft2 first-floor addition and a 726 ft2 second-floor addition to an
existing 3,608 ft2 two-story residence for a new total structure size of 4,550 ft2 (garage
included), which exceeds the 16 feet! 20 feet 'by-right' building height envelope is
warranted based on the following findings:
A. The Applicant has complied with the early neighborhood consultation process
guidelines and procedures by obtaining 6 signatures (70%) from properties within
100 feet and 18 signatures (36%) from properties within 500 feet of the project site,
in which there is no active Homeowners' Association.
B. The proposed project does not significantly impair a view from public property
(parks, major thoroughfares, bikeways, walkways or equestrian trails), which has
been identified in the City's General Plan, Conceptual Trails Plan, Trails Network
Plan, or Coastal Specific Plan. There are no viewing points or viewing sites that will
be impacted due to the location of the project site and the topography in the
immediate area. In addition, the property is not located within the City's Coastal
Zone or any other City specific plan.
C. The proposed project is located on an existing, building pad, similar to other lots
within the vicinity, and is not located either on a ridge nor on a prominent mass of
land that overlooks or projects onto a lowland or body of water on two sides.
Therefore, this finding can be made.
D. The properties located along Rue De La Pierre are developed on relatively similar
elevations, and the residences above the subject property on Alta Vista Drive are
located at a much higher elevation. Based on a site visit to the area and a review of
aerial imagery, views of the Pacific Ocean are observed in a westerly direction from
the immediate neighborhood. The proposed second-story addition will not create
significant view impacts because the properties located to the north and south of
the project site along Rue De La Pierre are developed on relatively similar pad
elevations and have views in the opposite direction of the project site. The
located to the east of the project site alongAlta Vista Drive are located
properties
P C. Resolution No. 2023-17
Page 2 of 9
on building pads that are approximately 312 feet higher in elevation than the project
site with an approximate distance of 1,500 feet; whereby views continue to be
observed over the project site. The proposed addition will not impact residential
properties to the west of the project site along Rue De La Pierre as the addition
would be located behind the western facing properties and the view of the Pacific
Ocean remains to the west. As such, this finding can be made.
E. There is no significant cumulative view impairment caused by granting the Height
Variation Permit since the adjacent properties (e.g. 30942 Rue De La Pierre and
30946 Rue De La Pierre) are either already improved with two-story residences,
where no further view impairment can be created from these properties, there will
be no significant view impairments if similar projects were to be constructed on
single-story homes.
F. The proposed structure complies with all other Code requirements, including, but
not limited to minimum required setbacks, maximum allowed lot coverage, parking,
and building height.
G. The proposed project is compatible with the character of the immediate
neighborhood in terms of the scale, architectural style, and setbacks. The structure
size of the proposed project (4,550 ft2) will be the largest in the area, with the
second largest home located within the same cul-de-sac at 30945 Rue De La Pierre
(3,864 ft2). The proposed addition will not appear out of scale with other homes in
the area as a result of the various articulations to the façades that will create visual
interest and soften the appearance of bulk and mass. Specifically, the proposed
second story is narrow in width along the front façade and elongates parallel to the
north side yard and provides varied roof ridgelines to further create visual breaks;
and incorporates varied exterior finishes using mainly stucco. The lot coverage will
increase from 49% to 50% due to the proposed first floor addition, which is less
than the maximum allowable lot coverage of 50% for the RS-4 zoning district and
brings the lot into conformance with the Zoning Code. Based on an aerial analysis
of the lot coverage found in the immediate neighborhood, the proposed lot
coverage will be consistent with the neighborhood. Most of the other homes in the
immediate neighborhood are two-story residences with similar building heights, and
the proposed residence will continue to provide adequate light and air between
properties by meeting or exceeding the required setbacks.
H. The proposed addition to an existing structure that is above 16 feet in height does
not result in an unreasonable infringement of the privacy of the occupants of
abutting residences. Specifically, the neighboring property to the north is on a
building pad at the same elevation as the project site with an existing fence in the
rear and side yards with existing vegetation separating the two properties. The
proposed addition along the north elevation includes two second story windows.
The windows will not result in a significant privacy impact to the north adjacent
which is at a similar buildingpad to the project residence, because the
property,
P.0 Resolution No. 2023-17
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north (side) façade of the proposed second-story addition is designed with 1
window that will primarily observe views of the rear slope of the adjacent property
and another window is designed at 6 feet high so that it cannot be used as a
viewing area. There is no second-floor addition proposed on the south side of the
project residence and provides an approximate 20 foot setback to the neighboring
property to the south, which therefore does not present any privacy impacts.
Second-story windows are proposed along the east or rear façade of the project
residence, however, there are no residential properties adjacent to the rear of the
property and therefore does not impact privacy. The proposed second-story
windows along the west or front façade of the residence are oriented toward the
public right-of-way and front yard of other properties where there is no expectation
of privacy. Based on the configuration of the residence in relation to the topography
and neighboring homes, the proposed project will not result in an unreasonable
infringement of the privacy.
Section 3: The Planning Commission finds that the Site Plan Review for the
proposed ancillary site improvements including the expansion of an existing 72 ft2 balcony
along the front façade for a total of 127 ft2. The proposed second-story balcony expansion
along the west or front façade of the residence is oriented toward the public right-of-way
and front yard of other properties where there is no expectation of privacy. Additionally, a
new 205 ft2 balcony and a new 101 ft2 balcony at the rear of the residence is also
proposed. The new balconies will be located at the rear of the residence. The existing
second floor along the rear of the residence is currently improved with windows across the
length of the rear elevation. Any views of neighboring properties to the north and south of
the project site from the proposed balconies will consist of views currently observed from
the existing second story windows. Therefore, there will be no privacy impacts as a result
of the proposed new or expanded balconyareas. Furthermore, the property located
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immediatelyto the east of the project site consists of vacant open space land, where there
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will be no expected privacy impacts.
Section 4: Anyinterestedperson aggrieved bythis decision oranyportion of
ggby
this decision may appeal to the City Council. The appeal shall set forth in writing, the
grounds for appeal and any specific action being requested by the appellant. Any appeal
letter must be filed within 15 calendar days of the date of this decision, or by 5:30 P.M. on
Wednesday, December 13, 2023. A $3,100.00 appeal fee must accompany any appeal
letter. If no appeal is filed timely, the Planning Commission's decision will be final at 5:30
P.M. on Wednesday, December 13, 2023.
Section 5: For the foregoing reasons and based on the information and findings
included in the Staff Report, Minutes and other records of proceedings, the Planning
Commission of the City of Rancho Palos Verdes hereby adopts P.C. Resolution No. 2023-
1 , approving the Height Variation Permit and Site Plan Review for the construction of a
942 ft2 addition consisting of a 216 ft2 first-floor addition and a 726 ft2 second-floor addition
to an existing 3,608 ft2 (garage included) two-story residence for a new total structure size
P.C. Resolution No. 2023-17
Page 4 of 9
of 4,550 ft2 measuring 20.79 feet in height with ancillary improvements at 30944 Rue De
La Pierre, subject to the Conditions of Approval contained in the attached Exhibit "A".
PASSED, APPROVED AND ADOPTED this 28th day of November 2023 by the following
vote:
AYES: COMMISSIONERS BRACH, NULMAN, PERESTAM, VICE CHAIR SANTAROSA,
AND CHAIR CHURA
NOES: NONE
ABSTENTIONS: NONE
RECUSALS: NONE
ABSENT: COMMISSIONERS NELSON AND SAADATNEJADI
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bavTd Chur ,1
Chair
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Director of ommunity Development; and,
Secretary of the Planning Commission
P.C. Resolution No. 2023-17
Page 5 of 9
EXHIBIT 'A'
CONDITIONS OF APPROVAL
PLANNING CASE NO. PLHV2022-0016
(HEIGHT VARIATION PERMIT AND SITE PLAN REVIEW)
30944 RUE DE LA PIERRE
General Conditions:
1. Prior to the submittal of plans into Building and Safety plan check, the Applicant
and/or property owner shall submit to the City a statement, in writing, that they have
read, understand, and agree to all conditions of approval contained in this Exhibit
"A". Failure to provide said written statement within ninety (90) days following the
date of this approval shall render this approval null and void.
2. The Applicant shall indemnify, protect, defend, and hold harmless, the City, and/or
any of its officials, officers, employees, agents, departments, agencies, and
instrumentalities thereof, from any and all claims, demands, lawsuits, writs of
mandamus, and other actions and proceedings (whether legal, equitable,
declaratory, administrative or adjudicatory in nature), and alternative dispute
resolutions procedures (including, but not limited to arbitrations, mediations, and
other such procedures) (collectively "Actions"), brought against the City, and/or any
of its officials, officers, employees, agents, departments, agencies, and
instrumentalities thereof, that challenge, attack, or seek to modify, set aside, void,
or annul, the action of, or any permit or approval issued by, the City and/or any of
its officials, officers, employees, agents, departments, agencies, and
instrumentalities thereof (including actions approved by the voters of the City), for or
concerning the project.
3. Prior to conducting any work in the public right of way, such as for curb cuts,
dumpsters, temporary improvements and/or permanent improvements, the
Applicant shall obtain an encroachment permit from the Director of Public Works.
4. Approval of this permit shall not be construed as a waiver of applicable and
appropriate zoning regulations, or any Federal, State, County and/or City laws and
regulations. Unless otherwise expressly specified, all other requirements of the, City
of Rancho Palos Verdes Municipal Code (RPVMC) shall apply.
5. Pursuant to RPVMC §17.78.040, the Director of Community Development is
authorized to make minor modifications to the approved plans and any of the
conditions of approval if such modifications will achieve substantially the same
results as would strict compliance with the approved plans and conditions.
Substantial J
changes to the project shall be considered a revision and require
9
approval by the final body that approved the original project, which may require new
and separate environmental review and public notification.
P.C. Resolution No. 2023-17
Page 6 of 9
6. The project development on the site shall conform to the specific standards
contained in these conditions of approval or, if not addressed herein, shall conform
to the residential development standards of the RPVMC, including but not limited to
height, setback and lot coverage standards.
7. Failure to comply with and adhere to all of these conditions of approval may be
cause to revoke the approval of the project pursuant to the revocation procedures
contained in RPVMC §17.86.060, or may be cause of the issuance of administrative
citations as described in RPVMC Ch. 1.16.
8. If the Applicant has not submitted an application for a building permit for the
approved project or not commenced the approved project as described in RPVMC
§17.86.070 within one year of the final effective date of this Notice of Decision,
approval of the project shall expire and be of no further effect unless, prior to
expiration, a written request for extension is filed with the Community Development
Department and approved by the Director.
9. In the event that any of these conditions conflict with the recommendations and/or
requirements of another permitting agency or City department, the stricter standard
shall apply.
10. Unless otherwise designated in these conditions, all construction shall be
completed in substantial conformance with the plans stamped approved by the City
with the effective date of this approval.
11. This approval is only for the items described within these conditions and identified
on the stamped approved plans and is not an approval of any existing illegal or
legal non-conforming structures on the property, unless the approval of such illegal
or legal non-conforming structure is specifically identified within these conditions or
on the stamped approved plans.
12. The construction site and adjacent public and private properties and streets shall be
kept free of all loose materials resembling trash and debris in excess of that
material used for immediate construction purposes. Such excess material may
include, but not be limited to: the accumulation of debris, garbage, lumber, scrap
metal, concrete asphalt, piles of earth, salvage materials, abandoned or discarded
furniture, appliances or other household fixtures.
13. All construction sites shall be maintained in a secure, safe, neat and orderly
manner, to the satisfaction of the City's Building Official. All construction waste and
debris resulting from a construction, alteration or repair project shall be removed on
a weekly basis by the contractor Or property owner. Existing or temporary portable
bathrooms shall be provided during construction. Portable bathrooms shall be
placed in a location that will minimize disturbance to the surrounding property
owners, to the satisfaction of the City's Building Official.
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14. Construction projects that are accessible from a street right-of-way or an abutting
property and which remain in operation or expect to remain in operation for over 30
calendar days shall provide temporary construction fencing, as defined in RPVMC
§17.56.050(C). Unless required to protect against a safety hazard, temporary
construction fencing shall not be erected sooner than 15 days prior to
commencement of construction.
15. Permitted hours and days for construction activity are 7:00 AM to 6:00 PM, Monday
through Friday, 9:00 AM to 5:00 PM on Saturday, with no construction activity
permitted on Sundays or on the legal holidays specified in RPVMC §17.96.920.
During demolition, construction and/or grading operations, trucks shall not park,
queue and/or idle at the project site or in the adjoining street rights-of-way before
7:00 AM Monday through Friday and before 9:00 AM on Saturday, in accordance
with the permitted hours of construction stated in this condition. When feasible to do
so, the construction contractor shall provide staging areas on-site to minimize off-
site transportation of heavy construction equipment. These areas shall be located to
maximize the distance between staging activities and neighboring properties,
subject to approval by the Building Official.
16. Exterior residential lighting shall comply with the standards of RPVMC §17.56.030.
No outdoor lighting is permitted where the light source is directed toward or results
in direct illumination of a parcel of property or properties other than that upon which
such light source is physically located.
17. For all grading, landscaping and construction activities, the Applicant shall employ
effective dust control techniques, either through screening and/or watering.
18. The Applicant shall remove the project silhouette within 7 days after a final decision
has been rendered and the City's appeal process has been exhausted.
Project Specific Conditions:
19. This approval shall allow for the following:
• Construction of a 216 ft2 first-floor addition and 726 ft2 second-floor addition to an
existing 3,608 ft2 two-story residence for a new total structure size of 4,550 ft2
(garage included); and,
• Construction of ancillary improvements including new balcony areas at the rear of
the residence including a 205 ft2 and 101 ft2 balcony along with the expansion of an
existing balcony at the front of the residence by 55 ft2 for a new total of 127 ft2.
BUILDING AREA CERTIFICATION REQUIRED, to be provided by a licensed land
surveyor or civil engineer PRIOR TO THE FRAMING INSPECTION.
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20. The height of the approved residence shall be as depicted on the stamped
APPROVED plans and in no case shall the addition to the residence extend above a
height of 20.79 feet, as measured from the lowest finished grade covered by
structure (elev. 503.57 feet) to the highest roof ridgeline (elev. 524.36 feet); and a
height of 20.22 feet as measured from the highest elevation of the existing grade
covered by the structure (504.14 feet) to the highest roof ridgeline (elev. 524.36
feet).
BUILDING HEIGHT CERTIFICATION REQUIRED, to be provided by a licensed
land surveyor or civil engineer PRIOR TO ROOF SHEATHING INSPECTION,
based on the above-mentioned instructions.
21. The proposed residence shall maintain setbacks of 74.42-foot front, 6-foot north
side, 5.6 foot south side, and a 44.5 foot rear.
SETBACK CERTIFICATION REQUIRED, to be provided by a licensed land
surveyor or civil engineer PRIOR TO POURING FOUNDATIONS.
22. Unless modified by the approval of future planning applications, the approved
project within the RS-4 zoning district shall maintain a maximum of 50% lot
coverage.
23. The project site shall maintain a minimum of two enclosed parking spaces at all
times. An enclosed parking space shall have an unobstructed ground space of no
less than 9 feet in width and 20 feet in depth, with a minimum 7-foot vertical
clearance. An unenclosed parking space shall have an unobstructed ground space
of no less than 9 feet in width by 20 feet in depth.
24. All colors and materials for the structure and roof shall be as shown in the stamped
APPROVED plans.
25. Any outdoor furnishings, accessories or plants located on balconies which exceed
the height limits established in RPVMC §17.02.040, shall not significantly impair a
view from surrounding properties.
PRIOR TO BUILDING PERMIT OR GRADING PERMIT ISSUANCE
26. All applicable soils/geotechnical reports, if required by the Building and Safety
Division, shall be approved by the City's Geologist.
27. A drainage plan shall be reviewed and approved by the Public Works Department.
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